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(영문) 울산지방법원 2014.01.09 2013고단3202
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for the violation of the Road Traffic Act (driving), etc. at the Daegu District Court Kimcheon Branch on November 10, 2008, a fine of KRW 2 million for the violation of the Road Traffic Act (driving) at the Ulsan District Court on August 16, 2010, and a fine of KRW 5 million for the violation of the Road Traffic Act (driving) at the Daegu District Court Kimcheon Branch on April 30, 2013, respectively.

On September 22, 2013, the Defendant, while under the influence of alcohol with 0.061% of the blood alcohol concentration without a driver’s license on September 22, 2013, operated a vehicle of 3 km-lurg-turg-turd-turd-turd-turd-turd-turd-turd-turd-turd-turd-turd-

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a police driver;

1. Registers, etc. of driver's licenses;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (Attachment to the same type of electric power search output), and application of Acts and subordinate statutes to investigation reports (Attachment to a copy of summary order);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentence of Article 62-2(1) of the Criminal Act requires probation and order to attend a lecture is considerably high, and the sentence of this case is again committed within a short period from the final fine day to the final fine day, and thus, the choice of imprisonment is chosen: Provided, That considering the fact that the execution of the sentence is suspended, considering the fact that the sentence is low, the risk of recidivism is high in light of the content of the crime and the criminal records, etc., and therefore, the probation

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